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PROCEDURE NAME: The Hills Shire Council Sporting Ground Allocation Guidelines DATE CREATED: Created May 2019
DATE LAST REVISED: May 2019 NEXT REVISION DATE: October 2020
RESPONSIBLE TEAM: Community Outcomes
SPORTING GROUND ALLOCATION GUIDELINES
PURPOSE
The purpose of this procedure is to establish processes and a selection criteria for the seasonal allocation and casual hourly use of sporting grounds. It will also be used to promote a more active, healthy and inclusive Hills Shire community.
1. OBJECTIVE
The objectives of these procedures are as follows:
1.1 To provide Hills Shire residents with a diverse range of sporting and recreational opportunities;
1.2 To ensure that Council-owned sporting grounds and facilities are occupied by inclusive, viable and sustainable sports clubs and associations;
1.3 To ensure that access to sporting grounds by all users has regard to the sustainability and maintenance requirements associated with good sporting ground management;
1.4 To provide a transparent and a consistent approach to seasonal allocation of sporting grounds and facilities; and
1.5 To ensure revenue of non-seasonal casual use is reflected in the fees and charges.
2. SCOPE
2.1 This policy applies to all applicants seeking to utilise Council sporting grounds and facilities.
2.2 This policy does not apply to a club or association occupying Council sporting grounds and facilities under a current or pending lease agreement.
2 3. DEFINITIONS
Allocation: Is an agreement shared between Council and a hirer to use a Council-owned sporting ground and/or facility. Seasonal allocation can be defined as a winter or summer allocation for club competition matches and associated training for traditional sports that are part of a national or state based structure with a local association managing competitions. It is generally assumed that a maximum of 35 hours per week will be available on grass fields for matches and training.
Applicant: Includes any sporting club, state sporting association, community group, school or any other group or organisation that makes an application for use of a Council owned sports ground and or facility.
Casual Hire: Causal hire provides an opportunity for residents and clubs to participate in a range of activities on a casual basis outside of traditional normal club competitions/training. This would include the 12 week period between September and December each year for high impact sports. Existing long term clubs who would normally receive the seasonal allocation, will be given a 5 day exclusive opportunity to make casual bookings during the first week of July for that financial year.
Council: Refers to The Hills Shire Council.
Facilities: The buildings located on or adjacent to the sporting grounds, including toilets, canteens, storerooms and change rooms. The main hirer would normally have access to the amenities building for the duration of the winter or summer season allocation
Hirer: A hirer includes any sporting club, state sporting association, community-owned group, school, tertiary organisation or any other group or organisation that applies to hire a Council sports ground and/or facility.
Lease: Grants a tenant exclusive use of a Council-owned property and gives the tenant a proprietary interest in the Council-owned property which is binding on third parties. Leases will not generally be used for the tenure of sporting grounds.
Licence: Enables non-exclusive use of a specified area for a stated period subject to payment of a licence fee. Multiple licences can be issued to multiple users of the same specified area for different times.
National, State or Local Sporting Association: A governing body for a sport with a national or state based structure with a local association managing competitions.
Sporting Grounds and Facilities: Council-owned sporting infrastructure available for sporting use on training and game days.
Summer Season Allocation: An allocation to a hirer to utilise a Council sporting ground and/or facility at agreed times between September to March (subject to maintenance needs).
State Sporting Association: A governing body for a sport in NSW.
Summer Season Allocation: An allocation to a hirer to utilise a Council-owned sporting ground and/or facility at agreed times between September to March (subject to maintenance needs).
Summer Sports (Traditional): These include, but are not limited to - cricket, athletics and baseball.
Wear and tear: The expected decline in the condition of a Council-owned sporting ground and/or facility due to normal everyday use. It is deterioration that occurs as a result of regular activity carried out within the property and/or facility. It is not caused by abuse or neglect.
Winter Season Allocation: An allocation to a hirer to utilise a Council-owned sporting ground and/or facility at agreed times between March to August (subject to maintenance needs).
3 Winter Sports (Traditional): These include, but are not limited to - AFL, football (soccer), hockey, netball, rugby league and rugby union.
4. ALLOCATION PROCEDURE
The Hills Shire Council recognises that access to open space for a diverse range of sporting and recreational uses is of importance to residents of The Hills Shire.
Equitable access to sporting and recreational facilities contributes to a healthy and more connected community and The Sporting Grounds Allocation Policy is to be used to establish fair use of Council’s sporting grounds and facilities.
To ensure this, selection criteria will be applied with advice from the relevant state or local sport association when allocating Council’s sports grounds and facilities to sporting clubs within The Hills Shire Local Government Area (LGA).
Council aims to accommodate seasonal allocations, within the number of sporting grounds available, while taking into consideration the long-term cost of the assets and the viability of facilities.
4.1. Hierarchy of Use
Council will prioritise utilisation of sporting grounds accordingly:
a) Community based sporting club training;
b) Community based sporting club games;
c) Council events and events formally endorsed by Council;
d) Community based organisations casual use;
e) Primary School competitive sporting programs and physical education classes;
f) Secondary and Tertiary education providers; and g) Commercial organisations.
4.2. Utilisation Types
Council offers the following types of allocations for the use of sporting grounds and their associated facilities:
a) Winter Season Allocation b) Summer Season Allocation c) Casual Hire
4.3. Applicant Eligibility Criteria
To be eligible for a sporting allocation, applicants must satisfy the following criteria:
a) Submit to Council a completed and accurate application form;
b) Prepared to sign and abide by the conditions of hire agreement;
c) Provide documented evidence that the majority of their membership resides within The Hills Shire LGA unless otherwise approved;
d) Have no outstanding debt with Council; and
e) Provide a Certificate of Currency for public liability insurance of a minimum of $10 million.
The policy must indicate that The Hills Shire is noted as an Interested Party (Principal Indemnity Endorsement) and that the business activity shown on the Certificate of Currency must be appropriate and include functions such as organising and running a sporting event or sporting club or state sporting association.
4.4. Selection Criteria
The applicant must satisfy the Eligibility Criteria outlined in 4.3. Once this is satisfied, Council will review allocation requests for sporting grounds as follows:
4 a) The hierarchy in 4.1 (Hierarchy of Use) will be utilised.
b) Where only one applicant is requesting access to a suitable sporting ground, in general this will be made available to them.
c) Council accepts that hirers require reasonable assurance that they will continue to be allocated seasonal use of sporting grounds to plan and manage their strategic plans effectively. Where a hirer continues to demonstrate membership numbers, Council will not unreasonably refuse to provide an allocation, consistent with the previous season’s allocations. Generally 35 hours per week on grass will be considered the maximum usage.
d) Hirers may request additional allocations. From year-to-year, Council does not regularly approve an individual hirer’s request to substantially increase their allocation. The purpose of this condition is to help ensure diversity of sporting code access, as well as fair and equitable use of Council’s sporting fields and facilities.
e) Where an issue cannot be resolved by mutual agreement, the matter may be referred to the relevant local or state association for advice/assistance, then if required, The Hills Shire Council’s General Manager for resolution.
4.5. Sporting Ground Maintenance Periods
Council maintains sporting grounds to maximise long-term usage and minimise over-use. During maintenance periods, Council will restrict sporting ground use in between seasons. Generally this will include the month of March, the first two weeks of September and the first three weeks of December.
This may change annually if longer maintenance periods are required. Council will advise hirer/s at the start of the season, the date(s) that the sporting grounds will not be able to be utilised.
4.6. Fees and Charges
The seasonal allocation of sporting grounds to hirers is subject to the payment of the relevant fees and charges. All non-traditional winter or summer seasonal allocations are charged at the adopted fees and charges casual rate. These fees and charges are updated annually and are made available on Council’s website.
4.7 Increased Tenure
Council’s Generic Plan of Management provides for increased tenure. It will be based on the Community Initiated Capital Works Proposed Policy, Guidelines and Procedures currently on exhibition until 14 June 2019.
4.8. Damages and Breaches
Any hirer using a sporting ground or facility which is in breach of the Conditions of Hire may be subject to the following:
a) Exclusion from future allocations;
b) On the first alleged breach, Council Officers will investigate the breach and make an assessment. If upheld, the hirer will be provided with the breach assessment and a first written warning.
c) On the second alleged breach, Council Officers will investigate the breach and make an assessment. If upheld, the hirer will be provided with the breach assessment and a final written warning. At this point, at its absolute discretion, Council may cancel the hirer’s allocations for the season and refuse consideration of any future allocations.
Council will exclude an applicant from future allocations for the following reasons:
a) If the applicant has an outstanding debt with Council; OR
b) If the applicant has been issued with a final written warning in the preceding season.
5 Council may consider excluding an applicant from future allocations for the following:
a) If the applicant has been issued with one or more written warnings in the preceding season; OR
b) If the damage caused by the applicant impacts on the start of the season for the subsequent sporting ground hirer.
4.9 Monetary Penalties
All damage to Council property, either deliberate or accidental should be reported to Council as soon as possible, outlining full details of the incident. After the season, with the exception of acceptable seasonal wear and tear, the sporting ground and facilities should be returned in the same condition as they were prior to the season. In the event that the hirer does not hand back the site in the same condition, Council will clean and repair the sporting ground and facilities to the standard required by Council at the hirer’s cost.
During the season, Council will on-charge any additional costs incurred by Council to the hirer including:
a) The cost of monitoring activities for compliance with conditions of consent; and b) The cost to clean-up waste from a park, sporting grounds, change rooms or amenity
building; and
c) The cost to repair damage after use; and d) Use of canteens and kiosks.
5. Usage
Council’s objective is to support an active, healthy and inclusive community through the participation of sport and recreation, as well as to maximise the use of sporting grounds and or facilities.
To enable equitable and sustainable use of Council facilities, Council Officers will conduct an investigation into a club or association who has repeatedly booked a ground and not utilised the allocation.
At its absolute discretion, Council Officers may change or cancel the hirer’s allocation/s for the season.
6. Conditions of Hire
All hirer/s must comply with Council’s Conditions of Hire.
